Judge: Colin Leis, Case: 21STCV29745, Date: 2023-03-20 Tentative Ruling

Case Number: 21STCV29745    Hearing Date: March 20, 2023    Dept: 74

ADRIANA LOPEZ vs NISSAN NORTH AMERICA, INC. 21STCV29745

Defendant’s Motion filed February 9, 2023, to Compel Arbitration and Stay Proceedings

The purpose of arbitration is to provide a speedy and expeditious resolution of the dispute between the parties. The court finds defendant’s motion frustrates that purpose. The court therefore denies defendant’s motion to compel arbitration because the court finds defendant unreasonably delayed in moving for arbitration and its purpose in seeking arbitration is to cause further delay. The court bases that finding upon the following:

Trial in this case was set for March 13, 2023 (a date the court on its own authority continued to April 17, 2023, because the court expected – and indeed has been – engaged in trial from March 8 until likely early April). In face of the looming March 13 trial date, on February 9 – 32 days before trial – defendant filed its motion to compel arbitration. Defendant’s motion does not explain why defendant waited until four-and-a-half weeks before trial to seek arbitration. Defendant’s delay in moving to compel arbitration is not the law’s intended purpose for arbitration; indeed, defendant’s delay frustrates the law’s purpose because arbitration will result in an 18 to 24 month delay in resolving this case. (Nickfardjam Decl. p. 4 l. 9-11) The court found during the February 27, 2023 hearing on defendants’ ex parte application to advance today’s hearing on defendant’s motion to compel that the conclusion was virtually inescapable that defendant’s motion was a Hail Mary pass because defendant was not ready for trial; defendant had taken no discovery and had filed no motions in limine for the upcoming March 3 final status conference, whereas plaintiff had conducted discovery and  had filed more than a dozen motions in limine.

Based on the foregoing, the court finds defendant has waived its right to arbitration. The motion is denied.